Third Party Debt Order Lawyers, Liverpool
When your business is owed money, taking action to recover the debt can be stressful, time-consuming and harmful to your financial situation. Our Debt Recovery Lawyers have an acute understanding of these issues and, in response, provide a swift and strategic debt recovery service to ensure the debt is paid quickly and the impact on your business is minimal.
There are several legal steps you can take to force payment. One such option is a third-party debt order. Here we explain how these orders work and how to apply. If you require further advice on third party debt orders or any other debt recovery matter, please contact us to find out how we can help.
What is a third-party debt order?
A third-party debt order can be applied for by a creditor when a county court judgement has been made but the debtor has not complied with its terms. The order allows you to access money belonging to the debtor and held by a third party (usually a bank or building society). Third party debt orders can also be served on a person or company who owes the debtor money, requiring them to pay the amount to the creditor instead.
When can I make an application for a third-party debt order?
A third-party debt order application can be made at any point after you have obtained a judgement from the county court. However, when considering an application, the court will refuse to make an order unless:
- The debtor failed to pay the debt detailed in the judgement when this was due
- The debtor failed to make one or more instalment payments as instructed in the judgement
It is essential to think carefully about the timing of your application. The court order sent to the third party will only freeze the money held in the account on the day the order is received. Any money that enters the account after this date will not be frozen.
How do I obtain a third-party debt order?
You must apply to the court for an order (the fee for doing so is added to the debt). The application will be reviewed and, if satisfied with the information provided, the court will make an interim order. The court will not however grant the application of the bank account is held jointly with another entity.
The court will then contact the debtor's bank or building society instructing them to freeze the account. A hearing date will be set at which point the court will decide if the frozen money should be paid to the creditor. The creditor must attend the hearing.
Debtors and third parties can object to the application for the third-party debt order. This might be because freezing their money has left the debtor unable to afford essential living costs or to make payments on other priority debts. Objections must be raised at least three days before the hearing.
Contact Our Debt Recovery Solicitors in Liverpool
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For more third-party debt order advice, contact our team today for a FREE no-obligation call, and we will explain your legal rights and options. Call us now on 0151 659 1070 or complete our online enquiry form.